POSTED: 01:19 p.m. HST, Nov 22, 2013
LAST UPDATED: 01:23 p.m. HST, Nov 22, 2013
LAS VEGAS » A Las Vegas man accused of killing a patron and wounding two employees at an after-hours Strip casino nightclub was indicted today on charges that could get him the death penalty.
The grand jury added two counts of battery with a weapon causing substantial bodily harm to the murder, attempted murder and weapon charges previously filed against 42-year-old Benjamin Frazier in the Oct. 21 shooting that sent people running from Drai's After Hours and ducking behind slot machines at Bally's hotel-casino.
The additional charges will give a trial jury the choice to decide if Frazier intended to kill two Drai's security guards he is accused of wounding, prosecutor Giancarlo Pesci said.
Frazier is due for arraignment Dec. 4 in state court, and prosecutors will decide in coming weeks whether to seek the death penalty, Pesci said.
Frazier's lawyer, Bob Beckett, didn't immediately respond to messages.
Pesci said almost all of Frazier's movements in the casino and club before, during and after the shooting were recorded by security cameras. Videos will be evidence at trial, but have not been made public.
Police say Frazier disputed a $30 cover charge before pulling a .38-caliber revolver and shooting club doorman Robert Farias and security guard Anthony Guerrero.
The slain patron, Kenneth Brown, died after he was shot twice when he tackled Frazier as he headed out of the club onto the casino floor.
Frazier, an ex-convict with a history of alcohol-related arrests at Las Vegas clubs, received a serious head injury in the struggle and was hospitalized for about a week before his first appearance in a Las Vegas court.